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64-249 1 RESOLUTION NO. 64R -249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 2ND DAY OF JUNE, 1964, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN PROPOSAL RELATING TO THE ADOPTION OF A CHARTER FOR SAID CITY, AND CONSOLIDATING SAID SPECIAL MUNICIPAL ELECTION WITH THE STATE- WIDE DIRECT PRIMARY ELECTION TO BE HELD ON SAID DATE. WHEREAS, the City of Anaheim has been and now is a city containing more than three thousand five hundred (3500) inhabit- ants, as ascertained by the last preceding census taken under the authority of the Congress of the United States or of the Legislature of the State of California; and WHEREAS, pursuant to the provisions of Section 8 of Article XI of the Constitution of the State of California, the City Council of the City of Anaheim, being the legislative body thereof, on its own motion did frame the attached charter as a proposed charter for the City of Anaheim. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 4 SECTION 1. That pursuant to the provisions of Section 8 of Article XI of the Constitution of the State of California, there shall be, and there is hereby called and ordered, held in the City of Anaheim, County of Orange, State of California, on Tuesday, the 2nd day of June, 1964, a special municipal election of the qualified electors of said City for the purpose of sub - mitting to the qualified electors of said City at said special municipal election the question of whether the charter, a copy of which is attached hereto marked Exhibit "A" and by this reference made a part hereof, shall be ratified and approved. SECTION 2. That on the ballot to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: • . CITY OF ANAHEIM - CHARTER . • : RATIFICATION AND ADOPTION: : YES : . • : Shall the Charter framed and • : proposed by the City Council • : of the City of Anaheim be : NO • • : ratified and adopted? • • • [ . g t F .T I I -l- A cross ( +) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in ( favor of the ratification and adoption of the charter. A cross {: ( +) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the ratification and adoption of the charter. SECTION 3. That in the event the majority of the votes cast are in favor of the ratification and adoption, said charter shall be submitted to the Legislature for its approval in the manner provided in and in accordance with said Section 8 of Article XI of the Constitution. SECTION 4. That said special election hereby called to be held in the City of Anaheim on the 2nd day of June, 1964, shall be and is hereby ordered consolidated with the statewide direct primary election to be held on said date, and within the City of Anaheim the precincts, polling places and officers of election for the special election hereby called shall be the same as those provided for said general election. The Board of Supervisors of the County of Orange is hereby requested to order the consolidation of the special election hereby called with said statewide direct primary election, and said Board of Supervisors is authorized hereby to canvass the returns of the special election hereby called, and the elections shall be held in all respects as if there were only one election, and only one form of ballot, namely the ballots used at such general election shall be used. Said Board of Supervisors shall certify the result of the canvass of the returns of such special election to the Council of the City of Anaheim who shall thereupon declare the result thereof. Said propositions shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code of the State of Califi._nia. SECTION 5. That the polls for said election shall be open at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California. SECTION 6. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution; sL.11 enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the l minutes of the meeting at which the same is passed and adopted. SECTION 8. That this resolution shall take Affect immediately. 1 f -2- i � R I f THE FOREGOING RESOLUTION is approved and signed by 1 me this 7th day of aril , 19 64 ± 0101P ....0:001101r Vei n ' 0 I ATTEST: . . A I :'n • " VW! r , i STATE OF CALIFORNIA j COUNTY OF ORANGE ss. CITY OF ANAEEIM I, DENS M. WILLI/1MS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a -- regular meeting of the City Council held on the 7th day of ___ Anri1 , 19 64 by the following vote o�ie members thereof: AYES: COUNCILMEN: Dutton, Chandler and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte and Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 7th day of April , 19 ..14--.... IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of April , 19 64 It 2 THE CI OF ANA11EI14 (SEAL) 1 1_ . -3- ~ ±w~ ,~,.,u. 64R-249 uF ANAi{EiH~ CAL'ii'~?:.Ni,.':~, CALZiNG AND GIVING NOTiC'Z OF 7HE HOLDING OY ;l SPECIAL i, iUNICiPAL ;-~,~:z~.t .:.z.,:..~ f'u SE '- v,' ,", ....... ~'~ iD CITY ON ~"~'~SDAY CEkTAIN Z:uDPOSAL 2.EL&TiNG TO THE ADOPTION OF ,i C~iJ. TE'A FOE. SAID CiTY~ AND CONSOLIDATING ;. :,s (, ~-,= b~gl'~'iCi?.%J, ELZCTiON WiTH THE STATe,- .~ ........... ~, ~:--7 o .... Anaheim nas 'been and now ~s a city inhabit- atto~- as ascots. .... , ,~-, oy '-:-~ ]a..... ,-'-,~cezt:ung.~... _ census, taken und ...: -,~-' a,.:~.2.c,:cz_~;-~- pw' uz_'~ "-"~:.~e (]oug:r~ss._ of the Un'ted g:zates o~_ of_ the ' ' ,..~:,.:. ons of Section 8 of ..... '" , ' '" ' ' ' -" the ,:,','c~.c~ XI o.,: one o.:msti, i:;t:t~ion c,~ o''ne State of California, '~-'"',~, '"'L ..... ,. 4 o- ~eo~slauzv. body tke-,zso-g, on its own moti.Jn ,i-;d '"- the atached char" r xzame a ue as a oroposed charLer for 'the CiE-5, of Anaheim. CiTY COUNCIL OF TttE CITY OF iNAHEIM, '~ Thac o~rsuan"d Eo the orovisions of Section , , " ' " .~ o' ~' f California~ of 'tlh2 bc:ns;~, aut:~on ,Jr .h~_ :,tate o · · ' -i'~-s ' ' id in and ';-noq .... ~_s t-,.~r~:,,, ca_,~= aha ordered, ne Anahe:t.~'a, CounLy (,f Orange:,. . ,_. State of California,. on day or ..;'~:¢n~ '76."~ a sp~cS.ai municipal election ' ' ' ty at said special ot.t,~": ~:ie,2 ~,~ec: ,]o~;,.s o'F sa%,~ ~': ~ .n ....... the ,~hai:'~er: a copy aucac~ea ..... ~to z ~ ,.~..~..o.c A' and by this ' "" 'b~ ...... and aporoved square after the word " ....... " '":" av,,~ ' majority of the cast are in favor _:f zhe zac< ..... ::~:~'a~!on,. anti ado~t-ton~ said called shall be ,- ~ - tion. ~y of O'zange is sLa2ew:~.dq ~'/:{.recc primary e,-,-:.,~-: :L.s au'rhn'7'-Tz~rl here'by ac'ti, on sha].i be used. .~:_ec :-5_on r'o' Lbo ....~ou.nc ii''' .~ of '_a"n~_.~._ iu for sail ,e!ec'i;i. on shall day ,-,-F sa:id ,~'i~ction and ........ igh ' ...... . .... ' ' - ~.n~ Stat~ _ .~..~ t:!..~ae and o.aac~ of hoid:;.ns !.yen ~' ,:.:i'ie G':ty 0'~ :' ' ~ :3 an,,,. ~erz~ :iS n.._reby and :,irec. t~d Lc, Sire such further or ': .~:! nc 'f,::n 'n '::'..,.t~"*~ form and manner as "i--~ c:h,: C:'[ ts., o.:_~ .~. cercixy 'to 'the 2] .'!.;U'Z' J_ ,Sffi / . J- . '.c~ ~' flt S ' ~ '-'¢ ~ -~ ': ..... :-~' 'bo'''~,'' of or S:Lnal :~.esc, lLuc;,-,ns of sai.J City, and shall me ~his 7th ,~y cf April , 19 64 __. ATT E ST ': !. DE',.P<'i~_ !q~. W'i.L,L[AMS: City Cler'k of,' the City of A'r,~h~?,, do her'eLy ce'.rt.~f~~' t:~h::~[:; the fo'regoir:g resolutio~ was .................. mee~'ng of ~ ~c.m,.:._.~il held on t:'ne ~'?i~ ~.ay of Aoril Chandler and Coons .,::>;:_, ,~:,~ :; ], ...... ~.,,.~ Schutte and Krein AND I FVR'I'H, FR CERTIFY th.a~:, the ~yor ef the City of Ar~.~heim approved =~.~,,d s':i~.ad...~ ~:id. res:oiution ,,r.~ ~ t:he _~th~ day ~,ffixed the ae,:s;l c~ ~,, '"'; ~'" A;'a~:,a~m .... 7th day of April , 19 SEA1,) .., .... OF THE C:,,.~: O~ A:.~AHE,IM -3- PROPOSED CHARTER OF THE CITY OF ANAHEIH TABLE OF CONTENTS ARTICLE I. NAME OF CITY Sectlon 1OO. Name ARTICLE II. BOUNDARIES Section 200, Boundaries ARTICLE III. Section 300. Sectlon 3OI Sec t i on 302 Section 303 Section 304 Sectlon 305 Section 306 SUCCESSION Rights and Liabilities Ordinances Continued in Effect Rights of Officers and Employees Preserved Continuance of Present Officers and Employees Continuance of Contracts and Public Improvements Pending Actions and Proceedings Effective Date of Charter ARTICLE IV. POWER Section 400. Section 401. OF CITY Powers of City Procedures ARTICLE V. C Section Section Sec t i on Section Section Section Section Section Section Section Sec t i on Sec t i on Section Sec t i on Section Section Section Section Section ITY COUNCIL 500 5ol 502 503 504 505 506 5o7 508 509 5 5 5 5 5 5 5 5 5 ~ 3. 4. 5. 6. 7. 8. Citv Council Terms Eligibi I ity Compensation Vacanc i es Presiding Officer' Powers Vested in City Council Regular Meet] ngs Special Meetings Place of Meetings Quorum. Proceedings Citizen Participation Adoption of Ordinances and Resolutions Ordinances. Enactment. Publ i cation Codification of Ordinances Ordinances. When Effective Ordl nances ~ Violation. Penalty Ordinances Amendment Publlshln9 of Legal Notices Contracts. Execution ARTICLE VI. CITY MANAGER Section 600, City Manager Section 601. Residence Section 602, Eligibility Section 603. Compensation and Bond Section 604, Powers and Outles Section 605. Meetings EXHIBIT "A" Sec: t i or, Sec t i on Sec t iop Section Section Sec t ~ on Sec t ion Sec t i on Se c t i on 2 2 2 3 2 4 2 5 26 2 7 2 8 29 220 Cash B~s i s Fund C. api !al Out lav~ Fund T~ea$,jrer'$ Del.art,uental Trust Fund Other Funds Claims and Demands. Presentation and Payment Actlons Against CIty Registering Warrants Independent Audlt Sale of Public Utility ARTICLE Xlll. Sect i on Sec t i on Se c t i on Sec t i on ELEC ~3OO. 13o~. 1302. ~3o3. TI ONS General Municipal Elections Speclal Municipal Electlons Procedure for Holding Elections I n i t i a t i ve. Re fe rendum and Reca I ' ARTICLE Xl Sect Sect V. FRENCH I ion 1400. ion 1401. Sect Sect Sect Sect Sect ion 1402. ion 1403. ion 1404. ion 1405 ion 1406. SES Granting of Franchises Resolution of Intention. Notice and Public Hear ing Terms of Franchises Grant to be in Lieu of all Other Franchises Eminent Domain Duties of Grantees Exercising Rights Without Franchlse ARTICLE XV. MISCELLANEOUS Section 15OO. Definitions Section 1501. Violatlons Section 1502. Validity CHARTER OF THE CITY OF ANAHEIM We, the people of the City of Anaheim, State of California, do ordatn and establish this Charter as the organic law of said City under the Constitution of said State. ARTICLE I NAHE OF CITY Section 100. NAME. The municipal corporation no~ existing and known as the City of Anaheim shall remain and continue to exist as a municipal ¢orporatlon under its present name of 'lCity of Anaheim" ARTICLE II BOUNDARIES Section 200. BOUNDARIES. The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, and as such boundaries may be changed thereafter From time to time in the manner authorized by law, ARTICLE III SUCCESSION Section 300. RIGHTS AND LIABILITIES. The City of Anaheim shall continue to own, possess and control all rights and property of every kind and nature owned~ pos- sessed or controlled by it at the time this Charter takes effect and shall continue to be subject to ell its debts, obi igations, I labt I I ties and contracts. - I - Section 3OI. ORDINANCES CONTINUED IN EFFECT, All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewitht are hereby continued in force until the same shall have been duly repealed, amer~ded, changed or superseded by proper author i tv. Section 302. RIGHTS OF OFFICERS AND EHPLOYEES PRESERVED. Nothing in this Charter contained, unless otherwise specifically provided therein, shall affect or impair t!~e personnel, pension or retirement rights or privi leges of officers or employees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect. Sectior 303 CONTINUANCE OF PRESENT OFFICERS AND EMPLOYEES. The present officers and employees of the City shall continue wi thout interruption to perform the duties of their respective offices and employments upon the same terms and conditions and for the compensation provided by the existing ordinances resolutions, rules or laws, but subject to such removal, amendment and control as is pro- vided or permitted in this Charter, and, as to offices which are changed, abolished or superseoed by this Charter, until the election or appointment and qualification of their respective successors under this Charter. Each elective officer whose office is made appointive under this Charter shall continue to hold such office, and he shall assume classified status therein under the personnel system to be established pursuant to Section I000 of this Charter. but his retirement status, rights or privileges shall not be deemed to be changed, altered or affected in any way by the adoption of this Charter so long as he holds such office Section 304 CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS. All contracts entered into by the City or for its benefit prior to the effective date of this Charter and then in effect, shall continue in full force and effect according to their terms. Public improvements for which proceedings have been instituted under laws - 2 - existing at the time this Cha,'ter talces effect: in the discretion of the £our~cil, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or perfected under this Charter. Section 305. PENDING ACTIONS AND PROCEEDINGS. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or agalnst the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained but all such actions or proceedings may be continued notwithstanding that Functions, powers and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office, department or agency, but in that event the same may be prosecuted or defended by the head of the office/ department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. Section 306. EFFECTIVE DATE OF CHARTER. This Charter shalt take effect upon its approval by the Lecjislature. - 3 - ARTICLE IV POWERS OF CITY Section hO0. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in res- pect to municipal affairs, subject only to such restrictions and limitations as n~aV be provided in this Charter or in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers and privileges t~eretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, subject to such restrictions and limitations as may be contained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any llmi- tation upon, the generality of the foregoing provisions. Section 401. PROCEDURES. The City shall have the power to and may act pursuant to any procedure established by any law of the State, unless a different procedure is required by this Charter. -4- ^P,'I' I~, ;LEV C I I'Y COUNC I L Section 500. CITY COUNCIL. TERMS. The elective officers of the City shall consist of a City Council of five members elected from the City at large at the times and i.n the manner' provided in this Charter who shall serve for a term of four years and until their respective suc- cessors q,~al ify. 'the five members of the City Council in office at the time this Charter takes effect shall continue in office lJntil the Oxpir~tion Of their tespeCtiv~ terms and until their s,Jcce'ssors are elected and qualified. Three members of the City Co, Jncil shall, be elected at the general muni- cipal election held in April, 1966, and each fourth year thereafter. Two members of the City Council shall be oloct¢fl at the qen~ral m, inicipal election held in April, lqLR and each fo,~rtt~ y~,ar thereafter. l'he term of each member of the City Council shall com- mence on the first. Tuesday following his election. Ties in voting among candidates for office shall be settled by the cast~_nq of lotS. Section 501. ELIGIBILITY. No person shall be eligible · to hold office as a membe~ of the City Counc11 unless he is and .~hall have been a resident and qualified elector of the City for at least three years next preceding the date of hi~ election or appointment. Section q02. COMPENSATION. The members of the City r o,_~nc]l other than the Mayor shall rocei, ve as compensation for their se~.vices as such a monthly salary in the sum of Fo,~r Hundred Dollars per month, a~d the Mayor shall receive as compensation for his services a monthly salary in the sum o£ Eight Hundred Dollazs per month. In additlon~ each member of the City Council shall receive reimbursement on order of the City Co,~ncil for Council authorized traveling and other expenses when on official duty. In addition, members shall receive reimbursement for itemized routine and ordinary expenses incurred in official duty or s~Jch reasonable and adequate amount as may be established by ordinance, which - 5 - amount] shall be deemed to be teimb,,rsem~nt to them of routine and ordinary expenses imposed upon them by virtue of thei~ serving as City Councilmen. Section 503. VACANCIES. A vacancy in the Gity Council, from whatever cause arisln9~ shat1 be fil]ed by appointment by the City Council, such appointee to hold office t~ntil the flrst Tuesday followlng the next gene~a! munlclpal elect~on and until his successor qualifies. At the next gene~aI municipal election followlng any vacancy~ a successor shall be elected ~o serve for the remainder of any unexpired term. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor. If a member of the City Council absents himself from all req~llaz meetings of the City Co~lnci. 1 for a period of ~hi~ty day~ consecutively from and after the last reg~lar' City Co~ncil meeting attended by s~l~ member, unless by per- mlss~oJ~ of ~.he City (]o~lnc~l expressed in its official mln~lte~, or' is convicted of a crime involvinq moral t~rpltude, or ceases to be an elector of the City~ his office shall become vacant. The City Council shall doclave the existence of any s,ich vacancy. In the event it qhall fail to fiI1 a vacancy by appoint- ment within sixty days afte~ such office shall become vacant~ the City Co~ncil shall ca~se an election to be held forthwith to fill such vacancy for the remainder of the ~nexpi. red t. erm. Section 504. P[tE$IE;ING OFFICER. On the first Tuesday following any general or special municipal election at which any Councilman is elected~ and at any time when there is a vacancy in the office of Mayor~ the City Councll shall meet and shall elect by open vote one of its members as its p~esid- lng officer, who shall have the title of N~ayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. He shall be the o£flclal head of the City £or all. ceremonial purposes. He shall have the primary but not the ~xclusive responslbility for communifatlng the poltcles~ pro- grams and needs o£ the City government to the people, and as occasion ~-equires~ he may inform the people of any ma~or change in policy or program. He shall Perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the City Council. The ~ayor shall serve in s,~ch capacity at fh~ p.leas~ire of the City Co~Jnci !. Ihe City Council shall also designate one of its members as Mayor Pro Iempore, who shall serve in such capacity at the pleasure o£ the City Council. The Mayor Pro Iempore shall perform the duties of the Mayor durlng his absence or disa- bility. Section 505, POWERS VESTED IN CII'Y COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 506. FEGULAP, MEETINGS. The City Co~ncil shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or ~e-ad.jm~rn any reg~tar meeting to a date and hour certain which shall be specified tn the order of adjo,~nment and when so adjm~rnod each adjo~rr~ed m~ting shall be a rcg~tar meettnq for all purposes. If the ho~r to which a meeting ts adjourned is not stated jn the order of ad~o,irnment, such meeting shall be held at the hour for holding regular meet- ings. If at any time any reg~llar meeting fatl~ on a holiday s~lch regular meetinq shall be held on the next, business day. Section 50'1. SPECIAL MEE'I1NGS. A special meeting may be called at any time by the Mayor~ or by three members of (he City Co~ncil, by written not~ce to each member ot: the City Co~Jncil and Lo each local, newspaper of general circula- tion, radio or television station requesting notice in writing. $~ch notice mtlst be delivered personally or by mail at least twenty-fo~r hours befoz-e the time of stlch meeting as specif'i, ed in the notice. The call and notice shall specify the time arm place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Such w~itten notice may be dispensed with as to any person entitled thereto who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. Such walver may be given by telegram. Such written notice may also be dispensed with as to any person who is actually present at the meeting at the time it convenes. - 7 - Section 508. PLACE OF M~EIIN~'~. All meetings shall be held tn the Councll Chambers of t. he City Hall, or in such place within the Gtty to which any such meeting may be adjourned~ and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated~ the meetings may be held for the duration of the emergency at such place within the Gtty as is designated by the Mayor~ or~ if he sho~ld fmll to act~ by thre~, members of the City Council. Section 509. QUOP, Ut~. PROCEEDINGS. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City CotJnCil from any ~'egular meeting or adjourned regular meeting~ the City Clerk may declar'e the same ad,}o~rned to a stated day and hour. The City Clerk shall, cause written notice of a meeting adjourned t~y less than a qt~orum or by the City Clerk to be ~ ~ltvered personally or by mail to each councilman at least Lwenty-four ho~r~ heforo the limo to which the meeting is adJm~rned, s,~ch notice may be dispensed with tn the same manner as speci- fied in this Charter for dispensing with notice of special. meetings of 'the City Council. The City Council shall judge the qualifications of its members fs set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member et other p~t~on for disorderly cond~ct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Cnuncil. The City Council sha].] have the power and authority to compel the attendance ,~f witnesses, to examine them under oath and to compel the production of evidence before Jr. S~bpoenas shall be issued in the name of the City and be attested by the City Clerk. [hey sha]l be served and complied with in the same manner as subpoenas in civil actions. Disobedlence of such subpoenas, or the ~efusal to testify (upon other than constitutional ~_~rot]nds)~ shall consttt~Jte a mlsdemeano~ and shall be pun- ishable in the same manner as violations of tht~ Charter ate punt shable. Voting on all matters which come before the Council shall be by voice et visual means wherein the vote of each member may be ascertained. At the demand of any member, and - 8 - ~,pon the adoption of any ordinance, resol,Jtion, or order for the payment of money, the City Clerk shal! call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting. Section 510. CITIZEN PARTICIPATION. All regular and speclal meettngs o{ the City Councll shall be open and public and ail persons shall be permitted to attend such meetings, except that the provisions ot~ this Section shall not apply to executive sessions to consider the appointment, employment, discipline or dismissal o{ a publlc o~icer or employee or to hear complaints or charges brought against any such offI- ce~ or employee. No resident or property owner shall be denied the right to be heard by the City Council, but such right shall be subject to such reasonable rules and regula- tions as may be authorized or adopted by ordinance. Section .511. ADOPTION OF ORDINANCES AND PESOLUTIONS. With the sol. e exception off emergency ordinances which take effect tlpon adoption, refezred to in 'this Arttcle, no ordin- ance shall be adopted by the City Council on the day o{ its tnt. rodt~ction, nor within five days thereafter nor at any time other than at a reg~lar or adjourned regular meet, lng. At the time of it~ introduction an ordinance shall become a part of the proceedings of such meeting in the custody o{ the City Clerk. At the time of adoption of an ordlnance or resolution it shall be read in full, unless aftez the reading of the title thereof, the further reading thereof ts waived by unanimous consent of the Councilmen present, except that emergency ordinances shall be read in furl. In the event that any ordinance is altered after its introduction, the s~ame shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical erzors shall not constitute the making o£ an alteratlon ~ithin the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a reguIar or adjourned regular meeting. Untess a higher vote is required by other provisions of this Charter, the affirmative votes of at least three -g- members of the City Counc[l shall be required for the enact- ment of:any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordi- nances and resolutions shall be signed by the Mayor and attested by the City Clerk, Any ordinance declared by the City Council to be neces- sary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirma- t ive votes Section 512. ORDINANCES, ENACTMENT. PUBLICATION. In addition to such other acts of the City Council as are required by this Charter to be by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be sub- stantially as follows: 'rThe City Council of the City of Anaheim does ordain as follows:" The City £1erk shall cause each ordinance to be published at least once Ir tho official newspaper' within fifteen days after its adoption, Section 513` corJIFICATION Or ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manoer required at the time oF their adoption, and which have not been repealed, may be compi led. consolidated, revised, i~dexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be fl led for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance. - 10- Detal led regulations pertaining to any subject, such as the construction of buildings, plumbing and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this Section. Maps, charts and diagrams also may be adopted by reference in the same manner. Section 514. ORDINANCES. WHEN EFFECTIVE. No ordinance shall become effective urtil thirty days From and after the date of its adoption, except the following, which shall take effect upon adoption: (a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (c) An ordinance declaring the amount of money neces- sary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property; (d) An emergency ordinance adopted in the manner pro- vided for in this Article Section 515. ORDINANCES, VIOLATION. PENALTY. A violation of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California and/or may be redressed by civil action. The maximum fine or penalty for any violation of a City ordinance shall be the sum of Five Hundred Dollars, or a term of imprisonment for a period not exceeding six . months, or both. The City Council may provide by ordinance that persons imprisoned in the City Jail for violation of law or ordinance may be compe I led to labor on pub 1 i c works. Section 516. ORDINANCES, AMENDMENT. The amendment of any section or sub-section of an ordinance may be accomplished solely by the re-enactment of such section or sub-section at length, as amended. Section 517. PUBLISHING OF LEGAL NOTICES. The City Council -Il- shall contract for the publication oF all legal notices, ordi- nances and other matter required to be published in a newspaper of general circulatlon in the City. Each such contract shall cover a period of not less than one nor more than three years. In the event there is more than one newspaper of general circula- tion published within the City, the contract shall be. ,fade only after the publication of a notice inviting bids therefor. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids thefefor. The newspaper with which any such contract is made shall be the official news- paper for the publication of such notices or other matter for the period of such contract. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of leqal notices of a private character. In the event there is no newspaper of general circulation published in the City, or in the event no such newspaper will accept such notices or other matter at the rates per- mitred herein, then all legal notices or' other matter may be published by posting copies thereof in at least three public places in the City to be designated by ordinance. No defect or irregularity in proceedings taken under this Section. or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in ,conformity with this Charter or law or ordinance. Section 518~ CONTRACTS. EXECUTION. The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council. By ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without a written - 12- shall contract for the publication oF all legal notices, ordi- nances and other matter required to be published in a newspaper of general circulatlon in the City. Each such contract shall cover a period of not less than one nor more than three years. In the event there is more than one newspaper of general circula- tion published within the City, the contract shall be. ,fade only after the publication of a notice inviting bids therefor. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids thefefor. The newspaper with which any such contract is made shall be the official news- paper for the publication of such notices or other matter for the period of such contract. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of leqal notices of a private character. In the event there is no newspaper of general circulation published in the City, or in the event no such newspaper will accept such notices or other matter at the rates per- mitred herein, then all legal notices or' other matter may be published by posting copies thereof in at least three public places in the City to be designated by ordinance. No defect or irregularity in proceedings taken under this Section. or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in ,conformity with this Charter or law or ordinance. Section 518~ CONTRACTS. EXECUTION. The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council. By ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without a written - 12- ARTICLE VI CITY MANAGER Section 600. CITY MANAGER. There shall be a City Manager who shall be the chief administrative officer of the City. Fie shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council, provided, however, that he shall not be removed from office except as provided in this Charter. He shall be chosen on the basis of his executive and administrative qualifications~ with special reference to his actual experience in, and his knowledge of, accepted practice in respect to the duties of his office as herein set forth. Section 601. RESIDENCE,. The City Manager need not be a resident of the City at the time of his appointment, but he shall establtsh his residence within the City within ninety days after his appointment, unless such period is extended by the City Council, and thereafter maintain his residence within the City during his tenure of office. Section 602. ELIGIBILITY. No person shall be elJglble to receive appointment as City Manager while serving as a member of the City Council nor within one year after he has ceased to be a City Councilman- Section 603. COMPENSATION AND BOND. The City Manager shall be paid a salary commersurate with his responsibilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond conditioned upon the faithful performance of his duties in such form and in such amount as may be dete~mlned by the City Council, the premium on such bond to be paid by the C i Section 604. POWERS AND DUTIES. The City Manager shall be the chief administrative officer and head of the adminis- trative branch of the City Government. Except as otherwise provided in this Charter, he shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, subject to the provisions of this Charter, including the personnel provisions thereof, the City Manager shall have power and be required to: (a) Appoint, and he may promote, demote, suspend or remove, all department heads, officers and employees of the City except elective officers and those department heads, officers and employees the power of whose appointment is vested by this Charter in the City Council. He may authorize the head of any department or office to appoint or remove subordinates in such department or office. No department head shall be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and received its approval for such appointment or remova I. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration after its adopt i on. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City for the preceding Fiscal year, and annually or more frequently, a current report of the principal adminis- trative actlvltles of the (d) Keep the City Council advised of the financial con- di tion and future needs of the City and make such recommenda- t i OhS as may to him seem des i rab 1 e. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the con- tracting for, purchasing, inspection, storing, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by ordinance, and administer and enforce the same after adoption. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. -15- (ii Perform such other duties consistent with this Charter as may be required of him by the City Councll. Sectlon 605. MEETINGS. The Clty Manager shall be accorded a seat at all meetings of the City Council and of ell boards end commissions and shall be entltled to parti- cipate In their dellberatlons, but shall not have a vote. He shall receive notice of all special meetings of the City Council, and of all boards and commissions. Section 606. REMOVAL. The City Manager shall not be removed From office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the total membership of the City Council. At least thirty days prior to the effective date of his removal/ the City Manager shall be furnlshed wl th a written notlce stating the Council's Intention to remove him and the reasons therefor. AFter Furnishing the City Manager with written notice of his intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal as herein provided. In removing the City Manager, the City Council shall use Its uncontrolled discretion, and its actions shall be final~ Section 607. NON-INTERFERENCE ~/ITH ADMINISTRATIVE SERVICE. Except as otherwise provided in this Charter, neither the Council nor any of its members shall interfere with the execution by the City Manager of his powers and duties, or order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in the administrative service of the City, of any person to any office or employment, or his removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. Section 608. ASSISTANT CITY HANAGER. There shall be an Asslstant City Hanager who shall act as the principal aid to the City Manager in the performance of his duties and who shall serve as Acting City Hanager during the tefnporory absence or disability of the City Hanager, execpt as otherwise provided In ' 16- Section 609 of this Charter. Section 609. ACTING CITY MANAGER. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of both the City Manager and the Assistant City Manager. he falls to make such appointment, the City Council may appoint an officer or department head to serve as such Actln9 City Manager. - 17- T ARTICLE VII OFFICERS AND EHPLOYEES Section 700. ENUMERATION. In addltlon to the Clty Councll, City Manager and Assistant City Manager, the officers and employees of the City shall consist of a Clty Attorney, a Clty Clerk, a City Treasurer, a Director of Finance, and such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. Section 7OI. APPOINTHENT AND REHOVAL. The City Attorney, City Clerk and City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the City Council. All other officers, department heads and employees of the City shall be appointed and may be removed as elsewhere in thls Charter provlded. Section 702. AOHINISTRATIVE OEPARTHENTS. The City Council may provide by ordinance or resolution not inconsistent with this Charter for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, for the creation of additional deparLments, divisions, offices and agencies and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of functions, duties, offices and agencies to offices and departments, and for the number, titles, quallfications, powers, duties, and compensation of all officers and employees, consistent with thls Charter. Each department so created shall be headed by an officer as department head. When the positions are not incompatible, the City Council may combine in one person the powers and duties of two or more officers, provided, however, that the same person shall not hold the positions of City Treasurer and Director of Finance. Section 703. CITY ATTORNEY. PO~/ERS AND DUTIES. To become and remaln eligible for City Attorney the person appointed shall be an attorney at law duly licensed as such under the laws of the State of California, and shall have been -18- engaged in the practice of law for at least three years prior to his appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the £ity Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or Is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all clvil actions or proceedings in which such officer or employee is concerned or is a party for any act arisin9 out of his employment or by reason of his offlclal capacity. (d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writin9 whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds given to the City, endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office may be specified by the City Council~ (h) Perform such legal functions and duties incident to the execution of the foregoin9 powers as may be necessary. (i) Surrender to his successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedlngs and may employ other attorneys to take charge of or may contract for any prosecutlons, litigation or other legal matters or business. - 19- Section 704. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be req~ired to; (a) Attend all meetings of the City Council, unless excused~ and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council tn records that shall bear appropriate title and be devoted to such purpose. (b) Matntatn separate rocoz'd._q, Itl whtch shall be z'ecorded respectively all ozdlnances and resolutions, wtth the certificate of the Clerk annexed [o each Lhereof stattng tho same 1_o be the o~Igtnal or a correct copy, and as to an ordi- nance requlrlng publtcatlon, stattng that the same has been published or posted tn accordance with this Charter. (c) Maintain separate records of ail wrltten contracts and o~ftclal bonds. (d) Keep ali books and records in his possession pro- perly indexed and open to publtc inspection when not in act,~al use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of offictal records. (g) Be ex-officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the pro- visions of the general laws of the State relative to the assess- ment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council, Section 705. CITY TREASURER. POWERS AND DUTIES. The City Treasurer shall have the power and shall be required to~ (a) Recetve on behalf of the City ~11 taxes, assessments, - 20 - license fees and other revenues oF the City, or For the col- lection df which the City is responsible, and receive all taxes or other money receivable by the City From the County, State or Federal Government, or from any Court, or from any office, department or agency of the City. (b) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the hapdling, depositing and securing of public funds. (c) Pay out moneys on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly wrltten reports of all receipts, dlsbursements and Fund balances, and shall file copies of such reports with the City Manager. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. Section 706. DIRECTOR OF FINANCE. POWERS AND DUTIES. The Director of Finance shall have the power and shall be requi red to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager, and be head of the Finance Department of the City. (bi Assist the City Manager in the preparation and execution of the budget. (c) Establish and maintain a system of financial pro- cedures, accounts and controls for the City government and each of its offices, departments and agencies. (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before Issuance; audit and approve before payment, all -21 - ~ills, invotce~, payrolls, demands or charqe~ aoainst the City government: with the advice of the City At*orney, when neces- sary, determine the regularity, leqali, fy and correctness of such claims, demands or charges; and draw warrants upon the City Treasurer for a].l claims and dem=nds audited and approved as in this Charter provided specifying the purpose for which drawn and the fund [rom which payment is to be made. (e) See that all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible~ and all other money receivable by the City from the County, State or Federal Government, or from any court~ officer department or agency o~ the City are col- lected. (f) Submit to the City Council through the City Manager a monthly statement of all revenues and expenditures in suf- ficient detail to show the exact financial condition of the Cityl and~ as of the end of each fiscal year, submit a complete financial statement and report. (g) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. th) Perform such other duties consistent with this Charter a~ may be required. Section 707. ADMINISTERING OATHS. Each department head and his deputies shall have the power to administer oaths and affirmations in connection with any official, business p~rtain- nine to his department. Section 708. ILLEGAL CONTRACT, FINANCIAL INTEREST. No member o~ the Gitv Gouncil shall have a financial interest~ directly or indirectly, in any contract, sale or transaction to which the City Is a party and nelther ~ha11 any oificer or employee, or member of any board or commission, have an interest in any contract, sale or transaction to which the City is a party and which comes before said officer or employee, or member of any board or commission, or the department or office o! the City with whtcb he is connected, for official action. - 22 - Any such contract or transactlo- ~n which there shall be such an interest shall become void at the election of the City, when so declared by resolutlo~ of the City Council. No member of the City Council, City official or emploYee, or member of any board or commission, shall be deemed to have a financial interest~ within the meaning of the foregoing pro- visions, in any contract made with a corporation by reason of the ownership of stock in such corporation unless said stock owned by him shall amount to at least three per cent of all the stock of such corporation issued and outstanding. No City Councilman or member of any board or commission shall vote on or participate in any contract or transaction in which he has directly or indirectly a financial interest whether as a stockholder of the corporation or otherwise. If any officer or employee, or member of any board or commission, during the term for which he was elected or appointed, shall so vote or participate, or shall have a financial interest as aforesaid, upon conviction thereof, he shall forfeit his office. Section 709, ACCEPTANCE OF OTHER OFFICE. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated his office under the City government. Section 710. NEPOTISM. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any department head or other officer having appointive power appoint any relative of his or of any Councilman within such degree to any such position. Section 711. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officlals or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be fi led wl th the City Clerk. Premiums on official bonds shall be paid by the City. ' 23 ' In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shell be no personal liability upon, or any right to recover against, his superior officer or other officer or employee, or the bond of the letter, unless such superior officer, or other officer or employee is a party to, or has conspired in~ the wrongful act ceuslng dlrectly or Indirectly such loss. ARTICLE VIII BOARD OF EDUCATION Section 800. STATE LAW GOVERNS. The manner in which, the times at which, and the terms for which the members of Boards of Education shall be elected or appointed, their qualifications, compensation and removal and the number which shall constitute any one of such boards shell be as now or hereafter prescribed by the Education Code of the State of California. Section 801. EFFECT OF CHARTER ON DISTRICT. The adoption of this Charter shall not have the effect of cre- ating any new school district nor shall the adoption of this Charter have any effect upon the existence or boundaries of any present school district within the City or of which the City comprises a part, but each such present school distrlct shall continue in existence subject to the provisions of the laws of the State of California as the same now exist or hereafter may exist. Section 802. EFFECT OF CHARTER ON BOARD. The members of the Boards of Education in office on the effective date of this Charter shall continue as such and their terms shall not be affected hereby. - 25 - ARTICLE IX APPOINTIVE BOARDS AND COMMISSIONS Section 900. IN GENERAL. There shall be the following named advisory boards and commlssions ~vhich shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in Its judgment are required, end may grant to them such powers and duties as are consistent with the pro- visions of this Charter. Section 901. APPROPRIATIONS. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions. Section 902. APPOINTMENTS. TERMS. The members of each of the boards or commissions hereinafter named in this Article shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. They shall be subject to removal by motion of the City Council adopted by the affirmative votes of a majority of the total membership thereof. The members thereof shall serve for terms of four years and until their respective successors are appointed and qualified. The terms shall be staggered so that the number of terms on any such board or commission expiring in any year shall not differ by more than one from the number of~ .arms expiring in any other year. Such terms shall expire on June thirtieth of the appropriate year. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the unexpired term. Section 90.~. EXISTING BOARDS. The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualified. If the membership of any board or commission is reduced by this Charter, the members to be eliminated shall be determined by the City Council. The terms of the members of any existing board or commisslon shall be adJusted, if necessary, to comply with the proviSlons of thls Charter. - 26 - Section 904. MEETINGS. CHAIRMAN. As soon as practi- cable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of the board or commission. All meetings of said boards and commissions shall be open to the public and all persons shall be permitted to attend such meetlngs., except that the pro- visions of this sentence shall not apply to executive sessions to consider the appolntment~ employment~ disclpline or dis- missal of a public officer or employee or to hear complaints or charges against any such officer or employee. The City manager shall designate a secretary for each of such boards and commissions who need not be a member of such board or commission, and who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations, which shall be con- sistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Section 905. OATHS. AFFIRMATIONS. Each member of any such board or commission, and the secretary thereof, s~all have the power to administer oaths and affirmations in any investigation or proceedings pending before such board or com- mission. Section 906. PLANNING COMMISSION. POWERS AND DUTIES. There shall be a Planning Commission consisting of seven members. The Planning Commission shall have the power and be required to: (a) Recommend to the City Council after a public hearing thereon, the adoption, amendment or repeal of a General Plan, or any part thereof, for guidance in the physical development of the City. (b) Exercise such functions with respect to land sub- divisions as shall be provided by ordinance not Inconsistent with the provisions of this Charter. (c) Exercise such functions wi th respect to zoning,~ building, land use and related matters as may be prescribed - 27 - by ordinance not inconsistent with the provisions of this Charter .. (d) Perform such other functions not inconsistent with this Charter as may be delegated to it by the City Council. Section 907. PARK AND RECREATION COMMISSION. POWERS AND DUTIES. There shall be a Park and Recreation Commission consisting of seven members. The Park and Recreation Commission shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks and recreation. (b) Consider the annual budget for park and recreation purposes during the process of its preparation and make recommendations wi th respect thereto to the City Council and the City Manager. (c) Advise in the planning of parks and recreation programs for the inhabitants of the City, promote and stimu- late public interest therein, and to that end soltcit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. (d) Recommend policies for the acquisition, develop- ment and improvement of parks and playgrounds and for the planting, care and removal of trees and shrubs in all parks and playgrounds, subject to the rights and powers of the City Council. (e) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. Section 908. LIBRARY BOARD. POWERS AND DUTIES. There shall be a Library Board consisting of five members which shall have the power and duty to: (a) Make recommendations ~:o the Clty Council for the operation and conduct of City libraries. (b) Recommend to the City Council rules and regulations and by-laws for the admlnlstration and protection of City libraries. - 28- (c) Recommend to the City Council the duties and qualifica- tions of the librarian and other officers and employees of the libraries. (d) Make r~comm~ndation~ concerning the acquisition of books, journals, reports, maps, publications and other personal property. (e) Make recommendations concerntnq the purchase or lease of real property and the rental or provision for adequate buildings or roo~ns {or library purposes. (f) Make recommendations concerninq the borrowin9 o{ library materials fram and lending library materials to and exchanoing ltbrarv materials with other libraries subject to any costs and expenses approved by the City Council. (g) Consider th~ annual budget for library purposes durinq thp process of its preparation and make recommendations with respect thereto to the City Council and the City Manager. (h) Within sixty days after the close of each fiscal year, report to the City Council on the condition of the libraries tar the preceding fiscal year and on such other matters deemed expedient by the Library Board. (i) Excercise such other functions not inconsistent with this Charter as may be prescribed by ordinance. - 29 - ART I C LEX PERSONNEL SYSTEM Section I000. SYSTEH TO BE ESTABLISHED. The City Council shall by ordinance establish a personnel system for the selection, employment, classification, advancement, demotion, suspension and discharge of those appointive officers and employees who shall be included in the system. The system may consist of the establishment of minimum standards of employment end qualifications for the various classes of employment, or of a comprehensive system, as the Clty Council shall determine to be for the best interest of the public service. The ordinance shall designate the departments end the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of departments and appolntlve officers and employees Included within the system. The system shall comply wlth all other provisions of this Charter. - 30 - ARTICLE XI RETIREHENT Section I100. STATE SYSTEM. Authority and power are hereby vested in the City, its City Council and its several officers, agents and employees to do and perform any act, and to exercise any authority granted, permitted, or required under the provisions of the State Employees' Retirement Act, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under the State Employees' Retirement System. The City Council may terminate any contract with the Board of Administration of the State Employees' Retirement System only under authority granted by ordinance adopted by a majority vote of the electors oF the City voting on such proposition at an election at which such proposal is presented. -31 - ARTICLE Xll FISCAL ADMINISTRATION Section 1200. FISCAL YEAR. The fiscal year of the City government shall begin on the first day of July of each year and end on the thirtieth day of June of the following year. Section 12OI. ANNUAL BUDGET. PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance, estimates of revenue and expenditures for his department or for such board or commission for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparln9 the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as he may deem advisable. Section 1202. BUDGET. SUBMISSION TO CITY COUNCIL. At least thirty days prior to the beginning of each fiscal year, the City Manager shall submit to the City Council the proposed budget as prepared by him. After reviewing same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearin9 thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing, by at least one insertion in the official newspaper. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearlng. Section 1203. BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 1204. BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the concluslon of the public hearln9 the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before June 30 it shall adopt the budget wlth revisions, If - 32 - any, by the affirmative votes o¢ at lea~t a majority of the total memJ~ers of the Counci I. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be fi led wi th the City Manager, Director of Finance, City Treasurer, and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file, in the offlce of the City Clerk where it shall be available for public inspection. 'The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 1205. BUDGET. APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named, provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered° At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council. Section 1206. CENTRALIZED PURCHASING. Under ~che control and direction 'of the City Manager there shall be established a centralized purchasin9 system for all City departments and agencies, except as otherwise in this Charter provided. The City Manager shall recommend and the City Council shall consider and adopt by ordinance, rules and regu- lations governing the contracting for, purchasing, storing, and distribution of all supplies, materials and equipment required by any office, department or agency of the City cjove r nmen t. Section 1207. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes, in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property ' 33' in the City, except as otherwise provided in this Section, unless authorized by the affirmative votes of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be speci- fled in such proposl t~on. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not sub- ject to the above limitation, if no other provision for payment thereof is made.: I. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute.general obligations of the City; anu 2. A tax sufficient to meet all obligations of the City under the State Employees~ Retirement System, the Federal Insurance Contributions Act. or other plan, for the retirement of City employees, due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to-wit: parks and recreation not to exceed $0.30 per One Hundred Dollars; libraries not to exceed $O.30 per One Hundred Dollars; advertising, music and promotion not to exceed $0.05 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.05 per One Hundred Dollars. The proceeds of any such special levy shall be used for no other purpose than that specified. Section 1208. TAX PROCEDURE. The procedure for the assess- ment, levy and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the City Council. If the City Council fails to fix the rate and levy taxes on or before August 31 In any year, the rate for the next pre- ceding fiscal year shall thereupon be automatically adopted and a tax at,such rate shall be deemed to have been levied on ell taxable property Jn the City for the current fiscal year. Section lZ09. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen per- cent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the Ci ry. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the pro- visions of the State Constitution and of this Charter, Section 1210. REVENUE BONDS. Bonds which are payable only out of such revenues as may be specified in such bonds may be issued when the City Council by ordinance shall have estab- lished a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebted- ness or general'obligation of the City. No such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the qualified electors of the City, It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further i~debtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special fund w~s established and shall be deemed segregated from all other funds of the City and reserved excluslvely for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. ' 35' Section 1211. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure of more than ~wo Thousand Five Hundred Dollars ($2,500.00) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Iwo Thousand Five Hundred Dollars ($2,~00.00), shall be let to the lowest and best responslble bidder after notice by publication in the official newspaper by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is less than Five Thou- sand Dollars ($5,000.00), the City Council may declare and determine that in its opinion, the work in question may be per- formed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at a lower price in the open market, and after the adoption of a resolution to this effect by the affirmative votes of a majority of the total members o£ the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this Section. Such contracts may be let and such purchases made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City COuncil to be of urgent necessity for the preservation of llfe, l~ealth or property, and shall be authorized by the affirmative votes of at least two-thirds of the total members of the City Council. Projects for the extension, replacement or expansion of the tzansmission o~ distrlbutton system of any existing public utility operated by the City or for the purchase of supplies ot equipment for any such project or any such utility may be ex- cepted from the requirements of this Section by the a~£trmative vote of a majority of the total members of the City Council. Section 1212. CASH BASIS FUND. The City Council may maintaln a tevolvtng fund, to be known as the "Cash Basis Fund", for the purpose of placin9 the payment of the zunntng expenses of the Glty on a cash basls. A balance may be built up in this ~und from any available sources in an amount which the City - 36 - Council deems sufficient with which to meet all lawful demands against the City for the first five months, or other necessary period, of the succeeding fiscal year prior to the receipt of sufficient revenues. Transfers may be made by the City Councll from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible, on a cash basis. All money so transferred from the Cash Basis Fund shall be returned thereto before the end of the fiscal year. Section 1213. CAPITAL OUTLAYS FUND. A fund for capital outlays generally is hereby created: to be known as the "Capital Outlays Fund" and to be a continuation of any existing Capital Outlays Fund. The City Council may create by ordinance a special fund or funds for a special capital outlay purpose. The City Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such purposes in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time. Once created: such fund shall remain [nviolate for the purpose for which it was created; if for capital outlays generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the use of such fund for some other capltal outlay purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. If the purpose for which any special capital outlay fund has been created has been accomplished, the City Council may transfer any unexpended and unencumbered surplus remaining in such Fund to the fund for capital outlays generally, established by this Charter. Section 1214. TREASURER'S DEPARTMENTAL TRUST FUND. The City Council may prescribe by ordinance For the setting up of - 37 - a Treasurer's Departmental Trust Fund into which the collections of or deposits with the police department., license collector, buildlng official and other officers and departments authorized to make collections or receive deposits may be deposited at frequent intervals each month, with advice of each deposit being furnished to the City Treasurer and Director of Finance. The City Treasurer shall make withdrawals from such a fund only on order signed by the Director of Finance and for the following purposes: (a) Making a refund of bai I, which has been exonerated, or other refundable deposits, r' (b) Revolving fund advances authorized by the City Counc i I. (c) Correction of clerical or ministerial errors in the receipt of payments to the City. (d) Makin9 settlements with City funds at the end of each calendar month for collections or deposits accumulated during the month. Section 1215. OTHER FUNDS. The City Council may establish by ordinance such other funds, not inconsistent with the provisions of this Charter, as it may consider appropriate or desirable. Section 1216. CLAIMS AND DEMANDS. PRESENTATION AND PAYMENT. Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, con- sideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by the State Legislature, and to the extent that the same are not inconsistent therewith, the following provisions of this Section shall govern the presentation, processing and payment of all claims and demands against the City. All claims for damages against the City must be presented in writing to the City Clerk within one hundred days after the occurrence, event or transaction from which the d~mages allegedly arose, and shall set forth in detail the name and address of the -38 - a Treasurer's Departmental Trust Fund into which the collections of or deposits with the police department., license collector, buildlng official and other officers and departments authorized to make collections or receive deposits may be deposited at frequent intervals each month, with advice of each deposit being furnished to the City Treasurer and Director of Finance. The City Treasurer shall make withdrawals from such a fund only on order signed by the Director of Finance and for the following purposes: (a) Making a refund of bai I, which has been exonerated, or other refundable deposits, r' (b) Revolving fund advances authorized by the City Counc i I. (c) Correction of clerical or ministerial errors in the receipt of payments to the City. (d) Makin9 settlements with City funds at the end of each calendar month for collections or deposits accumulated during the month. Section 1215. OTHER FUNDS. The City Council may establish by ordinance such other funds, not inconsistent with the provisions of this Charter, as it may consider appropriate or desirable. Section 1216. CLAIMS AND DEMANDS. PRESENTATION AND PAYMENT. Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, con- sideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by the State Legislature, and to the extent that the same are not inconsistent therewith, the following provisions of this Section shall govern the presentation, processing and payment of all claims and demands against the City. All claims for damages against the City must be presented in writing to the City Clerk within one hundred days after the occurrence, event or transaction from which the d~mages allegedly arose, and shall set forth in detail the name and address of the -38 - of their registration when funds therefor are available and shall bear' interest from the date of reglstratJon at such rate as shall be fixed by the City Council by resolution. Section 1219. INDEPENDENT AUDIT. The City Council shall employ at the beginning of each Fiscal year, an independent certified public accountant who shall, at such time or times as may be specified by the City Council~ at least annually, and at such other times as he shall determine, examine the books, records, inventories and reports of all officers and employees who receive, control, handle or disburse public funds and of all such other officers~, employees or departments as the City Council may direct. As soon as practicable after the end of the Fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance, Treasurer, and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be avai labia For inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper, Section 1220. SALE OF PUBLIC UTILITY. No publlc uti l lty now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least two-thirds of the electors voting on such proposition at a general or special election at which such proposition is submltted. - 40 - ARTICLE Xlll ELECTIONS Section 1300. GENERAL HUNICIPAL ELECTIONS. General municipal elections for the election of officers, except members of the Board of Education, and for such other purposes as the City Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. The first such general municipal election shall be held on the second Tuesday In April, 1966. Section 1301. SPECIAL HUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 1302. PROCEDURE FOR HOLDING ELECTIONS. Ail elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of munici- pal elections so far as the same are not in conflict with this Charter. Section 1303. INITIATIVE, REFERENDUH AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of .the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers~ shall apply to the use thereof In the City so far as such provisions of the Elections Code are not in conflict with the provlsions of thls Charter. -41 - ARTICLE XlV FRANCH I SES Section lbO0. GRANTING OF FRANCHISES. Any person, firm or corporation furnishing the City or its inhabitants wi th trans- portation, communication, terminal facilities, water, llght, heat, electricity, gas, power, refrigeration, storage or any other public utility or service, or using the public streets, ways, alleys or places for the operation of plants, works or equipment for the furnishing thereof, or traversing any portion of the City for the transmitting or conveying of any such services elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not, and to prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions of such grants, or the making thereof, all subject to the provisions of this Charter. Nothing in this Section, or elsewhere in this Article, shall apply to the City, or to any department thereof, when furnishing any such uti l ity or service. Section 1401. RESOLUTION OF INTENTION. NOTICE AND PUBLIC HEARING. Before granting any Franchise, the City Council shall pass a resolution declaring its intention to grant the 'oame, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty nor more than sixty days after the passage of said resolution. At the time set for the hearing the City Council shall pro- ceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right - 42 - of referendum of the people, or it may deny the same. If the City Councll shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. Section 1402. TERMS OF FRANCHISE. Every franchise shall state the term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed Forty years. A franchise grant'may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be Forfeited for noncompliance with its terms by the possessor thereof Section 1403. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES. Any franchise granted by the City with respect to any given uti l ity service shall be in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any right under such franchlge, for the rendering of such utility service within the limits of the City as they now or may hereafter exist? except any franchise derived under Section 19 of Article Xl of the Constitution of California es said section existed prior to the amendment thereof adopted October 10, 1911; The acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been fi led by the grantee thereof wi th the City Clerk. Such acceptance shall be fi led within ten days after the adoption of the ordinance grant- -43 - lng the franchise, or any extension thereof granted by the City Councl I, and when so fi led, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate wi th, additional territory any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitu- tional provision, shall likewise be deemed to be abandoned with- in the limits of such territory. No grant of any Franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assign- ees thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance and by this Charter, Section 1/404. EMINENT DOHAIN. No franchise grant shall in any way, or to any extent, impair or affect the right of the City to acquire the property of the grantee thereof eith~ r by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in per- petuity, the City's right of eminent domain with respect to any public uti l ity, Section 1405. DUTIES OF GI~NTEES. By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant, or by procedural ordinance and shall Further agree to: (a) Comply with all lawful ordinances, rules and regula- tions theretofore or thereafter adopted by the City Councll in the exercise of its police power governing the construction, maintenance and operation of its plants, works or equipment. (bi Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such Franchise. (c) Indemnify and hold harmless the City and its officers and employees from any and all liability For damages proximately resulting from any operations under such franchise and provide such insurance as the City Council may require. (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if - 44 - and when made necessary by any lawful change oF grade, align- ment or width of any public street, way, al ley or place, includ- ing the construction of any subway or elevated transit facilities, or by the construction or improvement of any public property or fac i 1 i ty, or i f the pub I i c hea I th, comFor t, we 1 fa re, conveni ence, or safety so demands. (e) Pay to the City during the life of the franchise a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. Section I/~06. EXERCISING RIGHTS WITHOUT FRANCHISE. The exercise by any person, Firm or corporation of any privilege for which a franchise is required, without possessing a valid and existing franchise therefor, shall be a misdemeanor and shall be punishable in the same manner as violations of this Charter are punishable and each day that such condition con- tlnues to exist shall constitute a separate violatlon. ARTICLE XV M I SC ELLANEOUS Section 1500. DEFINITIONS. Unless the provision or the context otherwise requires, as used in this Charters (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City o£ Anaheim and "department"~ " "officer", or "employee", "board", "commission", agency", is a department, board~ commisston~ agency~ of£tcer or employee, as the case may be, of the City of Anaheim. (c) "County" is the County of Orange. (d) "State" is the State of Catifornia. Section 1501. VIOLATIONS. The violation of any provi- sion of this Charter shall be a misdemeanor and shall be punishable upon conviction by a £ine of not exceeding Five Hundred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment. Section 1502. VALIDITY. If any provision of this Charter or the application thereof to any person or circum- stance ts held invalid, the remainder of the Charter, and the application of such provision to other persons or circum- stances, shall not be affected thereby.